RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03672

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

APPLICANT CONTENDS THAT:

When he enlisted, he was too young to realize the importance of serving the country.  He would like the discharge upgraded so that he can qualify for Veterans Affairs benefits.  

In support of his request for clemency, the applicant provides character statements from a special agent and criminal investigator with the Department of the Army, a business agent with the local union, and a family acquaintance.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 24 July 1951.

During approximately two years of service, the applicant was tried and convicted at three courts-martial.

On 12 November 1953, an administrative discharge board was convened under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness, to determine whether the applicant should be discharged from the Air Force.  On 7 December 1953, the discharge was approved.

On 21 December 1953, the applicant received an undesirable discharge.  He was credited with 1 year, 11 months and 13 days of active service.

On 3 February 1955, the applicant applied to the Air Force Discharge Review Board requesting that his discharge be upgraded to honorable.  The board concluded that a change in the type or nature of the discharge was not warranted and therefore denied his application.

On 30 October 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C); as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03672 in Executive Session on 21 June 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 30 October 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.